St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1887-05-05
CRIMINAL CONSPIRACY.
The Supreme Courts Opinion of ssScab''
intimidation and Boycotting.

nc supreme OOufCS OpAnfOn OF ssSCaO
Intimidation and Boycotting.
Here are some extracts from Judg
Powers opinion on the Ryegate con
spiracy case, the result of which wa
noted last week.
As already stated this was an in
dictment for conspiracy. The frs
and second counts were based on the
common law offense, and the third and
fourth counts upon the Vermont stat
ute. The respondents were charged
with hindering and preventing th,
Ryegate Granite works from takin.
into their employ sundry wOrkmen b.,
representing to them that the shops o
said company were "scab Shops" ant
that employees therein were "scabs,
and would be Stunned and avoided by
reputable workmen, who would no
associate with them, and that theil
names would be published in the "scal
list" of the Granite Cutters journal
by means of all which the prosecution
of the business of the granite works
was inipeded and hindered.
Says Judge Powers in England and
here, it is lawful, and, it may be add
ed, cOmmendable, for any body of mel
to associate themselves together fol
the purpose of lettering their condi-
ton in any respect, financial or social
The very genius of free institutions in
vites them to higher levels and better
fortunes. They may dictate their own
wages, fraternize with their own asso
ciates, choose their own employers
and serve man and malnmOn according
to the dictates of their own con
sciences.
But, while the law accOrds this lib
erty to one, it accords like liberty to
every other one, and each is bound to
so use and enjoy his own liberties and
privileges as not to interfere with
those of his neighbOr.
All the legislation in England and
America has been progressively in the
direction of according to labOrers the
enjoyments of equal rights with 9th
ers. The early English statutes, be-
ginning with the middle of the four
teenth century, are to be read in the
light of the civilization of that day,
and their provisions-tO US of the nine
teenth century, harsh, illiberal and
but the reflex of the
prevalent notions of class distinctions
that shaped and guided the social and
political polity of those days.
From time to time, however, down
to 1875, this legislation has been lib
eraized and christianized, and to-day,
in England as here, workmen stand
upon the same broad level of equality
before the law with all other vOcatiOns.
professions, or callings whatsoever,
the disposition of their la
Dor and the advancement of their assO-
ciated interests.
There, as here, it is unlawful for
wrongfully to cOerce, in
or hinder the free choice of
wOrkmen in the disposal of their time
and talents. There, as here, it is un
lawful for workmen wrongfully to CO.
cree, intimidate, or hinder employers
they choose to employ, There, as
here, no employer can say to work
man that he must not work for another
employer, nor can workman say to
an employer that he cannot employ
the service of another workman.
By the law of the land these respond
ents have the most unqualified right
to work for whom they please, and at
such prices as they please. By the law
of the land O'ROuke and GOodfellOw
have the same right. By the same
law the Ryegate Granite company has
the right to employ the respondents or
O'ROurke on such terms as may be mu
tually agreed upon, without let, him
lrance, or dictatiOn, from any man or
body of men whatever.
Suppose the members of Bar asso-
citation in Caledonia county should
combine, and declare that the respon-
dents should employ no attorney not Il
member of such association to assist
them in their defence in this case, I'M
Ter the penalty of being dubbed Il
'scab" and having his name paraded
N the public press us unworthy OF rec
ignition among his brethren, and him
self brought into hatred, envy and con-
.empt ; would the respondents look up
On this as an innocent intermeddling
with their rights under the law 7? The
has only to be stated to
disclose its utter inconsistency with
every principle of justice that perme
ties the law under which we live.
If such cOnspiracies are to be tOler
tied as innocent, then every farmer in
Vermont now resting in the confidence
hat he may employ such assistance
n carrying on his farm as he thinks he
IAN afford to hire, is exposed to the
operation of some secret code of law,
n the framing of which he had no
7Oice and upon the terms of which he
las no veto, and every manufacturer is
by asystem that pOrtends
certain destruction to his industry. If
,ur agricultural and manufacturing |
Industries are sleeping upon the fires
# a volcano, liable to eruption at any
moment, it is high time our people
Knew it.
But, happily, such is not the law.
md among English speaking people
lever has been the law. The reports,
English and American, are full of il
of the doctrine that IL COM
'ination of two or more persons to eff
ect an illegal purpose, either by legal
II illegal means, whether such purpose
e illegal at common law or by statute,
+ to effect IL legal purpose by illegal
leans, whether such means be illegal
t common law or by statute, is com
ION law conspiracy. Such combina-
ions are equally illegal whether they
remote objects or adopt means that
re per Sc indictable, or promote OBJ
ects or adopt means that are per Sc OPP
ressive, immoral or wrongfully preju-
icial to the rights of others.
If they seek to restrain trade or
end to the destruction of the material
of the country, they work
Jury to tile whole public.
These propositions are the clear de-
uctiOn of the cases cited in argument
nd breathe ii spirit of equality and
lstice that must commend itself to
very intelligent mind.
The principle upon which the cases,
-.